BILL NUMBER: SB 199	CHAPTERED  10/10/99

	CHAPTER   984
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   JULY 1, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Polanco

                        JANUARY 19, 1999

   An act to amend Section 827 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 199, Polanco.  Juveniles:  confidentiality of records and
reports.
   Existing law limits the inspection of certain documents relating
to a juvenile court proceeding, as specified.  Existing law prohibits
the dissemination of any records or reports relating to a matter
within the jurisdiction of the juvenile court prepared by or released
by the court, a probation department, or the county department of
social services, any portion of those records or reports, and
information relating to the contents of those records or reports, to
any person or agency other than an authorized receiving agency.
   This bill would revise and recast these provisions to limit the
inspection of a juvenile case file, as defined, and would require the
release of a juvenile case file to the public, pursuant to an order
by the juvenile court after a hearing on a petition therefor, when
the child is deceased, except as specified.  The bill would require
the redaction of any information relating to any child other than the
deceased or which could identify another child.
   The bill would also provide that unless a person is listed in
specified state law and is entitled to access a juvenile case file or
any portion thereof that is privileged or confidential pursuant to
another state law or federal law or regulation, the person must
petition the juvenile court, which, consistent with that law or
regulation, may only release the file or portion thereof if
disclosure is not detrimental to the safety, protection, or physical
or emotional well-being of another child who is directly or
indirectly connected to the juvenile case that is the subject of the
petition.  The bill would provide that these provisions shall be
known and may be cited as the Lance Helms Law of Confidentiality.  By
imposing additional duties upon local officials, this bill would
create a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a juvenile case
file may be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (J), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is  directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, law enforcement
agencies, and schools to ensure the rehabilitation of juvenile
criminal offenders as well as to lessen the potential for drug use,
violence, and other forms of delinquency.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal may disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
section is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 2.  This act shall be known and may be cited as the Lance
Helms Law of Confidentiality.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
